1. If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order a treatment provider approved by the court to conduct an evaluation of the person to determine whether the person is a person with an alcohol or drug use disorder and is likely to be rehabilitated through treatment. The treatment provider shall report to the court the results of the evaluation and recommend whether the person should be placed under supervision for treatment.

2. If the court, acting on the report or other relevant information, determines that the person is not a person with an alcohol or drug use disorder, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced and the sentence executed.

3. If the court determines that the person is a person with an alcohol or drug use disorder, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

(a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;

(b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330; and

(c) Place the person under the supervision of a treatment provider approved by the court for treatment for not less than 1 year nor more than 3 years.

The court may require such progress reports on the treatment of the person as it deems necessary. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

4. A person who is placed under the supervision of a treatment provider approved by the court for treatment shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of his or her financial resources. The court may issue a judgment in favor of the treatment provider for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. Such a judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.

5. If the person who is placed under the supervision of a treatment provider approved by the court for treatment does not have the financial resources to pay all of the related costs:

(a) The court shall, to the extent practicable, arrange for the person to be assigned to a program with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

(b) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the treatment and supervision of the person. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

6. No person may be placed under the supervision of a treatment provider under this section unless the treatment provider accepts the person for treatment.

(Added to NRS by 1975, 972; A 1977, 472; 1981, 1332; 1985, 1752; 1987, 963; 1995, 235; 2001 Special Session, 142; 2015, 750; R 2019, 4488, effective July 1, 2020)